Public Offer Agreement
General Provisions
1.1. This offer is the official proposal of the company "UKRPROMTECH-spetsstal" (hereinafter referred to as the "Seller") to conclude a Sales Agreement (hereinafter referred to as the "Agreement") for goods by remote means, i.e., through the Internet store, and publishes the Public Offer (proposal) on the official website of the Seller "https://autoclav.com.ua/" (hereinafter referred to as the "Internet store").
1.2. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer to conclude the Agreement in its entirety, without the Parties needing to sign a written copy of the Agreement.
1.3. The Customer confirms the fact of familiarization and agreement with all terms of this Agreement in full by accepting it.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
- "Acceptance" - the Customer's full and unconditional consent to conclude this Agreement in its entirety, without the need for the Parties to sign a written copy of the Agreement;
- "Goods" - the subject matter of the Agreement between the Parties;
- "Internet store" - per the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, work, or services by making an electronic transaction;
- "Seller" - the company that sells goods presented through the Internet store;
- "Customer" - an individual who has concluded an Agreement with the Seller on the terms set out below;
- "Order" - the selection of specific items from the list of goods specified by the Customer when placing an order and making a payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods into the ownership of the Customer, and the Customer undertakes to pay for and accept the Goods under the terms of this Agreement. This Agreement governs the purchase and sale of goods in the Internet store, including
- the Customer's free choice of goods in the Internet store;
- the Customer's independent placement of an order in the Internet store;
- the Customer's payment for the order placed in the Internet store;
- the processing and delivery of the order to the Customer under the terms of this Agreement.
Order Placement Procedure
4.1. The Customer has the right to independently select any goods presented on the Website of the Internet store and order them, provided they are available.
4.2. In any order, each item can be presented in any quantity.
4.3. In the absence of the product, the Company Manager must inform the Buyer through available means of communication.
4.4. In case of the absence of the product, the Buyer has the right to replace it with another product, refuse this product, or cancel the order.
Payment method for the order
Cash on Delivery.
5.1. Payment is made after receiving the product at the delivery service department by cash payment in hryvnias, or upon delivery to the specified address.
5.2. The moment of payment for Services is the time when the funds are credited to the Seller's current account.
5.3. The Seller reserves the right to cancel the order if the funds have not been received.
Delivery terms for the order
6.1. Delivery of goods purchased in the online store is carried out to the branches of delivery transport companies where orders are issued.
6.2. Documents according to the legislation of Ukraine are provided to the Buyer along with the order.
Rights and obligations of the parties
7.1. The Seller has the right, in case the Buyer breaches the terms of this agreement, to unilaterally terminate the provision of services under this agreement.
7.2. The Buyer is obliged to timely pay for and receive the order according to the terms of this agreement.
7.3. The Buyer has the right to:
- place an order in the online store;
- enter into an electronic contract;
- and demand from the Seller the fulfillment of the terms of this Agreement.
Responsibilities of the parties:
8.1. The parties to this Agreement bear responsibility for the subject matter and conditions of the Agreement by the current legislation of Ukraine.
8.2. The Seller is not liable for the content and accuracy
- of the information provided by the Buyer when placing an order;
- deterioration in the quality of Services, disruptions in operation resulting from reasons beyond the Seller's control;
- unlawful actions carried out by the Buyer using this Internet access.
8.3. The Buyer is fully responsible for the preservation of their data and for any damages that may arise from their unauthorized use. The Seller is not responsible for the actions of third parties that result in the theft of personal data.
8.4. In case of force majeure circumstances, the parties are released from the performance of the conditions of this agreement. Force majeure circumstances for this agreement are events of an extraordinary, unforeseen nature that exclude or objectively hinder the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The parties must make every effort to resolve any discrepancies exclusively through negotiations.
Other conditions:
9.1. The online store reserves the right to unilaterally amend this Agreement only upon prior publication on the website "https://autoclav.com.ua/".
9.2. The online store is created to organize the remote sale of goods through the Internet.
9.3. The Buyer grants consent to the Seller for the collection, processing, storage, and use of their data, within the meaning of the Law of Ukraine "On Personal Data Protection". The Buyer is responsible for the accuracy of the information provided when placing an order. This responsibility extends to the acceptance (placing an order and subsequent payment for the product).
9.4. The payment by the Buyer for the order placed in the online store implies full agreement of the Buyer with the terms of the purchase and sale agreement (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms by Article 11 of the Law of Ukraine "On Electronic Commerce".
9.6. The use of the Internet store's resources for browsing products and placing orders by the Buyer is free of charge.
9.7. The information provided by the Buyer is confidential. The online store uses the Buyer's information solely for processing orders, sending messages to the Buyer, delivering the product, conducting mutual settlements, etc.
Procedure for returning or exchanging goods of proper quality.
10.1. According to current legislation, the Buyer has the right to return or exchange non-food Goods of proper quality if the Goods do not meet certain parameters or cannot be used for their intended purpose for other reasons.
10.2. Returns or exchanges of goods of proper quality are made at the expense of the Buyer.
10.3. According to the Law of Ukraine "On Protection of Consumer Rights", within 14 days from the date of purchase, a functional product, i.e., a product of proper quality that, for any reason, did not satisfy the buyer, can be returned.
10.4. When the Buyer returns a product of proper quality, the online store refunds the paid amount for the product to the Buyer upon return of the product, minus the compensation for the expenses of the online store associated with delivering the product to the Buyer.
Term of the agreement
11.1. An electronic contract is considered concluded from the moment the Buyer receives a response accepting this offer in the manner determined by Part 6 of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Before the expiration of the term of this Agreement, it may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refunding the money, unless otherwise provided by this Agreement.
11.3. In case of non-performance of the conditions of this Agreement by one of the parties and in cases provided by the current legislation of Ukraine, the parties have the right to terminate this agreement unilaterally.